N.J. Stat. tit. 2A, ch. 66

in effect

N.J. Stat. § 2A:66-1 Defective record; order for new or supplemental certificate

When a proceeding in lieu of prerogative writ is instituted to review any assessment or other order or proceeding concerning any local or public improvement, founded on any omission or defect in the record of the assessment, order or proceeding which, in the opinion of the court, may be supplied by a new or supplemental certificate of the commissioners who made the assessment or the person who made the record, the court on application of any party or on its own motion, before such cause shall be finally determined, may order the commissioners, or other person, to certify to the court concerning such omission or defect. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:66-2 Effect of new or supplemental certificate

If it shall appear by the new or supplemental certificate made pursuant to such order that the action or determination in question was actually had, made or taken, but was accidentally or inadvertently omitted from the record, the new or supplemental certificate made pursuant to such order shall have the same force and effect as if the facts therein certified had been contained in the original record, and the record before the court shall be considered as amended by such new or supplemental certificate. L.1951 (1st SS), c.344

N.J. Stat. § 2A:66-3 Assessment of property by court; lien of assessment; exception

If, in a proceeding in lieu of prerogative writ to review an assessment for a local or public improvement, the assessment is set aside or reversed only as to the plaintiff in such proceeding, and the property in which such assessment was assessed is in fact liable to assessment in respect to the purpose for which such assessment was made, the superior court shall, upon application for that purpose, determine for what sum such property is liable to be assessed, and by its judgment fix the amount of such assessment. The assessment so fixed shall be and remain a first lien upon such property and collectible in the same manner as the balance of the original assessment. This section shall not apply to any assessment set aside or reversed more than three years prior to the making of the application. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:66-5 Burden of proof on attorney general

In any proceeding in lieu of prerogative writ instituted by the attorney general, by virtue of his office, to ascertain by what right a person holds any public office, he shall, at the trial, prove affirmatively all the facts alleged in the complaint and not admitted in the answer. The defendant shall not be required to offer evidence until such facts are proven, and then only to controvert the same. L.1951 (1st SS), c.344

N.J. Stat. § 2A:66-6 Who may institute

A proceeding in lieu of prerogative writ may also be instituted as of right against any person for usurping, intruding into or unlawfully holding or executing any office or franchise in this state, by any person who, under the former practice, would have the requisite interest to exhibit an information in the nature of a quo warranto with the leave of court. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:66-7 Judgment

If, in a proceeding instituted pursuant to section 2A:66-6 of this title, the defendant shall be found guilty of usurping or intruding into or unlawfully holding or executing any such office or franchise, the court may give judgment of ouster against him and fine him. L.1951 (1st SS), c.344

N.J. Stat. § 2A:66-8 Who may institute

A proceeding in lieu of prerogative writ may be instituted as of right against any person for usurping, intruding into or unlawfully holding or executing any municipal office or franchise in this state, by any person who believes himself lawfully entitled to such office or franchise. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:66-9 Bond of plaintiff

Upon filing the complaint, the plaintiff shall execute a bond to the defendant in the amount of $200 and with such surety or sureties as the court may require, conditioned to prosecute such action diligently and to pay costs to the defendant if he shall be entitled thereto. The bond shall be approved by a superior court judge and filed. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:66-10 Time to answer; extension

If the bond mentioned in section 2A:80-9 of this title has not been filed at the time the defendant is served, the defendant's time to answer shall not begin to run until such bond is filed. For good cause the court may, in any case, grant the defendant further time to answer, which shall not, without the consent of the plaintiff, exceed 10 days where there has been personal service. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:66-11 Affidavit annexed to answer

The answer of each defendant shall have annexed to it his affidavit stating that the allegations in the answer are true to the best of his knowledge, information and belief, and that the answer is not filed for the purpose of delay. L.1951 (1st SS), c.344

N.J. Stat. § 2A:66-12 Determination of title; judgment and enforcement thereof

The title of plaintiff to the office or franchise in question shall be determined in the proceedings. If it is determined that the plaintiff has title thereto, he shall have judgment establishing his title and ousting the defendant, and upon the entry of such judgment he shall be entitled at once to enter, possess and enjoy such office or franchise. Upon the entry of such judgment, the court may order the defendant to surrender immediately such office or franchise, with all the books, papers and insignia thereof, to the plaintiff. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:66-13 Appeal not to affect entry of plaintiff; bond

No appeal or other proceeding shall affect the right of the plaintiff to immediate entry into such office or franchise in accordance with the judgment of the court or order entered in conformity therewith, provided the plaintiff, upon his entry, shall give bond to the defendant in such sum and with such surety as the court may approve, conditioned to repay to the defendant so much of the emoluments of the office or franchise during the plaintiff's incumbency therein to which the defendant may be adjudged to be entitled, as well as the costs of the defendant, in the event of the reversal of the judgment of ouster of the defendant. Such bond shall be approved by a superior court judge and filed. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:66-14 Certificate on recount of votes; prima facie evidence of right to office

If there shall have been a recount of the votes cast at the election at which the plaintiff and defendant claim to have been elected, the certificate given by a judge of the superior court of the result of such recount pursuant to statute shall be prima facie evidence of the right of the person holding the same to the office and to a judgment accordingly. L.1951 (1st SS), c.344.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026